People'S Republic Of China Occupational Disease Prevention Act

(adopted at the twenty-fourth session of the Standing Committee of the Ninth National People's Congress on October 27, 2001)

general provisions

Article 1 this law is formulated in accordance with the Constitution in order to prevent, control and eliminate occupational hazards, prevent occupational diseases, protect workers' health and their related rights and interests, and promote economic development.

The second law applies to occupational disease prevention and control activities in the field of People's Republic of China.

The term "occupational diseases" as mentioned in this Law refers to the diseases caused by workers exposed to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers, institutions and individual economic organizations (hereinafter referred to as employing units).

The classification and catalogue of occupational diseases shall be stipulated, adjusted and promulgated by the health administrative department of the State Council in conjunction with the labor and social security administrative department of the State Council.

The third occupational disease prevention and control work adhered to the principle of combining prevention with prevention and control, and implemented classified management and comprehensive management.

Fourth workers have the right to occupational health protection in accordance with the law.

The employing units should create working conditions and conditions that meet the national occupational health standards and hygienic requirements for workers, and take measures to protect workers from occupational health protection.

The fifth employer should establish and improve the responsibility system for occupational disease prevention and control, strengthen the management of occupational disease prevention, improve the level of occupational disease prevention and control, and be responsible for occupational hazards arising from the occupational disease prevention.

The sixth employer must take part in industrial injury insurance according to law.

The labor security administration departments of the State Council and local people's governments at or above the county level should strengthen supervision and management of industrial injury insurance to ensure that workers enjoy social insurance benefits in accordance with the law.

The seventh state encourages the development, development, popularization and application of new technologies, new processes and new materials that are conducive to occupational disease prevention and protection of workers' health, and strengthens basic research on the mechanism and occurrence regularity of occupational diseases, improves the scientific and technological level of occupational disease prevention and control, actively adopts effective occupational disease prevention technology, technology and materials, and restricts the use or elimination of technology, technology and materials with serious occupational hazards.

Eighth countries have implemented occupational health supervision system.

The health administrative department under the State Council shall be responsible for the supervision and management of occupational disease prevention and control nationwide.

The relevant departments under the State Council shall be responsible for the supervision and management of occupational disease prevention and control within their respective responsibilities.

The health administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control in their respective administrative areas.

The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and management of occupational disease prevention and control within their respective responsibilities.

Ninth the State Council and local people's governments at or above the county level shall formulate plans for occupational disease prevention and control, and incorporate them into the national economic and social development plan, and organize and implement them.

The people's Government of townships, nationality townships and towns shall earnestly implement this Law and support the health administrative departments to perform their duties according to law.

Tenth health administrative departments and other relevant departments of the people's governments at or above the county level should strengthen publicity and education on occupational disease prevention and control, popularize knowledge of occupational disease prevention and control, enhance the concept of occupational disease prevention and control in employing units, and enhance workers' awareness of self health protection.

Eleventh national occupational health standards related to occupational disease prevention and control shall be formulated and promulgated by the health administrative department under the State Council.

Article twelfth any unit and individual shall have the right to prosecute and prosecute the acts violating this law.

The units and individuals who have made remarkable achievements in the prevention and treatment of occupational diseases shall be rewarded.

The second chapter prophase prevention

Thirteenth the establishment of the employing unit that produces occupational hazards shall be in compliance with the conditions set up in the laws and administrative regulations, and the workplace shall also meet the following occupational health requirements:

(1) the intensity or concentration of occupational hazards is in line with the national occupational health standards.

(two) facilities that are compatible with occupational hazards protection;

(three) the layout of production is reasonable and accords with the principle of separating harmful and harmless operations.

(four) there are supporting facilities such as changing rooms, bathing rooms, pregnant women's rest rooms, etc.

(five) facilities, tools, appliances and other facilities meet the requirements of protecting workers' physical and mental health.

(six) laws, administrative regulations and other requirements of the health administration department under the State Council Concerning the protection of workers' health.

The fourteenth is to set up a declaration system for occupational hazards in the health administrative departments.

If an employer has a list of occupational hazards listed in the catalogue of occupational diseases published according to law, it shall report to the health administrative department in a timely and truthful manner and accept supervision.

The specific measures for declaration of occupational hazards shall be formulated by the health administrative department under the State Council.

Fifteenth new construction projects, technical renovation projects and technological introduction projects (hereinafter referred to as construction projects) may cause occupational hazards. The construction units should submit a pre assessment report on occupational hazards to the health administrative departments at the feasibility demonstration stage.

The health administrative department shall, within thirty days from the date of receipt of the pre assessment report on occupational disease hazards, make an audit decision and notify the construction unit in writing.

Where no pre evaluation report or pre evaluation report is submitted without approval from the health administrative department, the relevant department shall not approve the construction project.

The pre assessment report on occupational hazards should evaluate the occupational hazards caused by construction projects and their impact on the health of workplaces and workers, and determine the categories of hazards and protective measures against occupational diseases.

The classified catalogue and classified management measures for occupational hazards in construction projects shall be formulated by the health administrative department under the State Council.

The cost of the occupational disease prevention facilities for the sixteenth construction projects should be included in the budget of the construction projects and be designed and constructed at the same time with the main projects, and put into production and use at the same time.

The design of protective facilities for construction projects with serious occupational hazards should be carried out by the health administrative department for health examination.

Before completion and acceptance, construction units should carry out occupational disease hazard control evaluation.

When the construction project is completed and checked, its occupational disease protection facilities can be put into formal production and use after being accepted by the health administration department.

Seventeenth occupational disease hazards pre assessment and occupational hazards control effect evaluation shall be carried out by the occupational health technical service institutions accredited by the health administrative department of the people's government at or above the provincial level according to law.

The evaluation of occupational health and technical service institutions should be objective and authentic.

The eighteenth countries carry out special management on operations such as radiation and high toxicity.

The specific management measures shall be formulated by the State Council.

The third chapter is protection and management in the process of labor.

The nineteenth employer shall adopt the following occupational disease prevention and control measures:

(1) set up or designate occupational health management organizations or organizations, and provide full-time or part-time occupational health professionals to take charge of occupational disease prevention and control work.

(two) formulate occupational disease prevention and control plan and implementation plan;

(three) establish and improve occupational health management system and operation rules;

(four) establish and improve occupational health archives and workers' health care files;

(five) establish and improve the monitoring and evaluation system for occupational hazards in workplaces;

(six) establish and improve the emergency rescue plan for occupational hazards.

The twentieth employer must adopt effective occupational disease protection facilities and provide workers with occupational disease protective articles for personal use.

The occupational disease protective articles provided by the employing units for the workers must meet the requirements of occupational disease prevention and control, and shall not be used if they fail to meet the requirements.

The twenty-first employing units should give priority to new technologies, new processes and new materials that are conducive to the prevention and treatment of occupational diseases and protect workers' health, and gradually replace technology, technology and materials that are seriously harming occupational diseases.

Twenty-second employing units that generate occupational hazards should set up bulletin boards at the eye-catching position, publish rules and regulations on occupational disease prevention and control, operation procedures, emergency rescue measures for occupational hazards, and detection results of occupational hazards in workplaces.

For work posts that cause serious occupational hazards, warning labels and Chinese warning instructions should be set up in their eye-catching positions.

The warning instructions should include the categories, consequences, prevention and emergency measures for occupational hazards.

Twenty-third, for toxic or harmful workplaces where occupational injuries may occur, the employer shall set up alarm devices, and deploy on-site first-aid supplies, flushing equipment, emergency evacuation channels and necessary discharge areas.

For the pportation and storage of radioactive workplace and radioisotope, the employing units must configure protective equipment and alarm devices to ensure that workers exposed to radiation are wearing personal dosimeters.

For occupational disease protection equipment, emergency rescue facilities and occupational disease protective articles for personal use, the employing units shall carry out regular maintenance and overhaul, regularly test their performance and effectiveness, ensure that they are in a normal state, and shall not dismantle or stop using them without authorization.

The twenty-fourth employer should carry out routine monitoring of occupational hazards by special personnel, and ensure that the monitoring system is in normal operation.

The employing units shall, according to the provisions of the health administrative department under the State Council, conduct regular testing and evaluation of occupational hazard factors in the workplace.

The results of the test and evaluation shall be deposited in the occupational health archives of the employer, and shall be reported to the local health administrative departments regularly and released to the workers.

Detection and evaluation of occupational hazards shall be carried out by the occupational health technical service institutions accredited by the health administrative department of the people's government at or above the provincial level according to law.

The inspection and evaluation of occupational health and technical service institutions should be objective and authentic.

If the occupational hazards in workplaces do not conform to the national occupational health standards and hygienic requirements, the employing units should take corresponding measures immediately, and still fail to meet the national occupational health standards and hygienic requirements. They must stop the operation of occupational hazards. After the occupational disease risk factors are met, the occupational health standards and hygienic requirements of the state will be reworked.

The twenty-fifth article provides the employer with equipment that may cause occupational disease hazards. It shall provide Chinese instructions and set warning labels and Chinese warning instructions in the eye-catching position of the equipment.

Warning instructions should include equipment performance, possible occupational hazards, safety operation and maintenance precautions, occupational disease protection and emergency treatment measures.

The twenty-sixth provision shall be provided to the employer for the chemicals, radioisotopes and materials containing radioactive substances that may cause occupational hazards.

The instructions should include product characteristics, main components, harmful factors, possible hazards, precautions for safety use, occupational disease protection and emergency treatment measures.

Product packaging should have warning signs and warning instructions in Chinese.

Where the above materials are stored, dangerous goods labels or radioactive warning labels should be set at the prescribed locations.

For the first time in China, chemical substances that are related to occupational hazards are imported or imported for the first time. The units or importers shall, after approval by the relevant departments of the State Council, submit to the health administration department under the State Council the toxicity identification of the chemical materials and the documents registered or approved by the relevant departments.

The import of radioisotopes, radiographic devices and articles containing radioactive substances shall be handled in accordance with the relevant provisions of the state.

Twenty-seventh no unit or individual shall produce, operate, import or use any equipment or material that is prohibited by the state for occupational hazards.

Twenty-eighth no unit or individual is allowed to pfer occupational hazards to the list of occupational disease prevention conditions.